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DRAFT — requires review by counsel before launch
This text is a working draft. Bracketed items are placeholders still to be confirmed.

Legal

Terms of service

Effective [effective date — set at launch]

These Terms of Service ("Terms") are a binding agreement between you and [Loan'R legal entity — pending from Samuel] ("Loan'R", "we", "us") and govern your use of the Loan'R website, iOS and Android apps and related services (the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy policy. If you do not agree, do not use the Service.

Please read section 20 (Disputes) carefully. It affects how disputes with Loan'R are resolved.

  1. 1. What Loan'R is — and is not
  2. 2. Eligibility and accounts
  3. 3. Prices and fees
  4. 4. Booking and payment
  5. 5. Owner responsibilities and membership
  6. 6. Renter responsibilities
  7. 7. Security deposits
  8. 8. Returns and late fees
  9. 9. Extensions
  10. 10. Cancellations and refunds
  11. 11. Damage, loss and claims
  12. 12. Reviews and content
  13. 13. Prohibited items and conduct
  14. 14. Loan'R is not an insurer
  15. 15. Safety and assumption of risk
  16. 16. Suspension and termination
  17. 17. Disclaimers
  18. 18. Limitation of liability
  19. 19. Indemnity
  20. 20. Disputes and governing law
  21. 21. Changes to these Terms
  22. 22. General
  23. 23. Contact

1. What Loan'R is — and is not

Loan'R is an online marketplace. Owners list items they own; renters book and pay for them through the Service; the owner and renter then hand the item over in person (or by owner delivery) and return it.

  • The rental agreement for an item is between the owner and the renter. Loan'R is not a party to it, does not own, rent, inspect, store or deliver any item, and does not guarantee the quality, safety, legality or fitness of any item, listing or user.
  • Owners appoint Loan'R (through its payment processor, Stripe) as their limited agent to accept payments from renters. A renter's obligation to pay the owner is satisfied when payment is made to Loan'R.
  • Loan'R is not an insurer (see section 14).

2. Eligibility and accounts

  • You must be at least 18 years old and able to form a binding contract to use the Service.
  • Give accurate information, keep it up to date, and keep your password secure. You are responsible for all activity on your account. One person, one account.
  • We may require email verification and, for high-value bookings, identity verification.
  • You may delete your account at any time in the app under Account → Delete account, subject to finishing any rental, claim or payment in progress. See the Privacy policy for what happens to your data.

3. Prices and fees

Owners set an hourly or daily price for each item. Before you pay, checkout shows every charge: the rental subtotal, the renter service fee, any delivery fee, the total, and the separate deposit hold.

  • Renter service fee: 5% of the rental subtotal, added at checkout.
  • Owner service fee: 5% of the rental subtotal, deducted from the owner's earnings.
  • Delivery (optional, if the owner offers it): $10 for up to 10 miles, plus $1.50 per mile beyond that, paid to the owner.
  • Owner membership: $10 per month to list items (section 5).
  • Fees are calculated on the rental subtotal and rounded to the nearest cent. All amounts are in US dollars. Payment-processing costs are absorbed by Loan'R.
  • A single booking may run up to 72 hours when priced hourly or 30 days when priced daily.

We may change our fees in the future. Changes apply only to bookings made after the change; the amounts shown at checkout are the amounts that apply to that booking. You are responsible for any taxes that apply to amounts you pay or earn.

4. Booking and payment

  • When you check out, the requested time is held for you briefly while you pay. The booking is confirmed only when our payment processor confirms your payment — not when you leave the checkout page.
  • After payment, the owner must confirm the item is ready. If the owner does not confirm within 2 hours of payment, or by the rental start time if sooner, the booking is cancelled automatically and you receive a full refund.
  • Items whose replacement value exceeds $2,500 require identity verification and Loan'R approval before the booking proceeds. If a booking is not approved, you receive a full refund.
  • The owner's exact pickup address is shared with you only after your booking is paid.
  • Pay only through the Service. Payments made outside Loan'R are not covered by these Terms, our refund process or our claims process, and arranging them to avoid fees may lead to account suspension.

5. Owner responsibilities and membership

If you list an item, you agree that:

  • You own the item or have the legal right to rent it, and renting it does not break any law, lease, loan, warranty or agreement.
  • Your listing is accurate: honest photos, condition, known defects, required accessories and any special skills, licenses or safety equipment needed to use it.
  • The item is clean, safe and in good working order, has been maintained according to the manufacturer's instructions, is not subject to an open safety recall, and comes with any manual or safety instructions you have.
  • The replacement value you enter is a fair estimate of what it would cost to replace the item with a comparable one. Loan'R may review, adjust or require approval of a replacement value, including one suggested by our AI tool, because it sets the deposit.
  • You keep your availability current and honor paid bookings. You confirm bookings promptly, have the item ready at the agreed time and place, and confirm the return in the app when it comes back.
  • You decide whether to approve extension requests and whether to waive a late cancellation fee.
  • You are responsible for your own taxes on rental income and for any insurance you choose to carry.

Owner membership

  • Listing items requires an active owner membership of $10 per month, billed on the website through Stripe.
  • The membership renews automatically each month until you cancel. You can cancel at any time from the membership page; cancellation takes effect at the end of the current billing period, and partial months are not refunded.
  • If your membership lapses or a payment fails, your listings are paused and hidden from search. Bookings that were already paid are honored.

Payouts

Owner earnings (rental subtotal minus the owner service fee, plus any delivery fee, and any late fee or cancellation fee collected, less the owner service fee on it, plus any approved damage-claim amount) are paid to your Stripe payout account after the return is confirmed, generally about 24 hours later if no claim is open. Payouts may be held while a claim, refund or dispute on the booking is open. Your bank's processing times apply.

6. Renter responsibilities

If you rent an item, you agree that:

  • You will inspect the item at pickup and report any problem in the app before using it.
  • You are competent to use the item safely, will follow the manual and the owner's instructions, wear appropriate protective equipment, and hold any license, permit, insurance or tow-rated vehicle legally required to use or transport it.
  • You will use the item only for its intended purpose, only yourself or under your direct supervision, and will not sublet, lend, sell, modify, repair or take it anywhere the owner has not agreed to.
  • You will return the item on time, to the agreed place, in the same condition (apart from normal wear and tear), clean, and with all accessories.
  • You are responsible for the item from the time you receive it until the owner confirms its return, including loss, theft and damage, up to its replacement value.

7. Security deposits

  • The deposit equals the item's approved replacement value. It is shown at checkout and is separate from the rental total.
  • The deposit is an authorization hold on your card, not a charge. The hold is capped at $2,500; for items worth more than that, the booking also requires identity verification and Loan'R approval.
  • The hold amount does not limit your responsibility. You remain responsible for loss or damage up to the item's full replacement value, even where it exceeds the hold.
  • The hold is released after the owner confirms the return and the 48-hour inspection window closes without a claim, or when a claim is resolved.
  • Card networks limit how long a hold can stay open (often about 7 days). For longer rentals the hold may expire before the rental ends; your responsibility for the item does not.
  • Some or all of the hold is captured (charged) only if Loan'R approves a damage or loss claim (section 11).

8. Returns and late fees

Return the item by the scheduled end time. If you are running late, request an extension (section 9) or contact the owner in the app.

  • There is no late fee if you return the item within 1 hour of the scheduled end time.
  • If you return it more than 1 hour late, a late fee of 25% of the rental subtotal applies, plus 20% of the rental subtotal for each additional hour or part of an hour after that.
  • Example on a $100.00 subtotal: returned 1 hour 30 minutes late — $25.00 (25%); returned 2 hours 30 minutes late — $45.00 (45%).
  • Late fees are calculated from the return time the owner confirms in the app, charged to your payment method on file, and paid to the owner less the owner service fee.
  • An item not returned and not accounted for within a reasonable time after the end of the rental may be treated as lost or stolen: the owner may file a claim up to its replacement value, and we may cooperate with law enforcement.

9. Extensions

  • You can request an extension in the app before your rental ends.
  • The owner decides whether to approve it. An extension is only possible if it does not overlap another booking of the same item.
  • If approved, the additional time is charged at the listing's price plus the applicable fees, and your new end time applies (including for late fees).
  • If the owner declines, or the request is not answered before the rental ends, the original end time stands.

10. Cancellations and refunds

If the renter cancels

  • Free until 3 hours before the start time. You receive a full refund, including service and delivery fees.
  • Within 3 hours of the start time, 50% of the rental subtotal is kept as a cancellation fee (paid to the owner, less the owner service fee), together with the same proportion (50%) of the renter service fee. Delivery fees are refunded in full. The rest is refunded.
  • Example on a $100.00 subtotal with a $5.00 renter fee, cancelled 2 hours before start: $50.00 + $2.50 is kept; everything else is refunded.
  • The owner may waive a late cancellation fee, in which case you receive a full refund.

If the owner cancels or does not respond

You receive a full refund. Owners who cancel paid bookings repeatedly may have listings paused or their account suspended.

How refunds work

  • Every refund is reviewed and approved by Loan'R before it is issued.
  • Approved refunds go back to the original payment method and usually appear within 5–10 business days, depending on your bank.
  • If the item was not as described, unsafe, or not made available, report it in the app within 24 hours of the scheduled start so we can review it.

11. Damage, loss and claims

  1. Filing. An owner may file a damage or loss claim in the app within 48 hours after confirming the return (or, for an item not returned, after the rental ends). The claim must describe the problem, include photos or other evidence, and state the amount claimed, which may not exceed the item's replacement value.
  2. Response. The renter is notified and may respond with their own explanation and evidence.
  3. Review. A Loan'R administrator reviews the evidence from both sides and approves the claim in full, approves part of it, or rejects it. Normal wear and tear is not damage.
  4. Payment. Approved amounts are captured from the deposit hold. If the approved amount is more than the hold, or the hold has expired, the renter remains responsible for the difference and authorizes Loan'R to charge the payment method on file for it.
  5. Release. Any part of the hold not needed for an approved claim is released.

Loan'R's decision resolves the claim for purposes of payments made through the Service. It does not limit any legal rights the owner or renter may have against each other.

12. Reviews and content

  • After a rental, both sides may leave a rating and review. Reviews must be honest, relevant and based on a real rental. Do not offer or accept anything in exchange for a review.
  • You keep ownership of the photos, listings and reviews you post, and you give Loan'R a worldwide, non-exclusive, royalty-free license to host, display, adapt (for example, resize) and use them to operate and promote the Service while they are on the Service.
  • We may remove content that breaks these Terms or the law.

13. Prohibited items and conduct

You may not list or rent:

  • Firearms, ammunition, firearm parts, explosives, fireworks and weapons of any kind.
  • Drugs, drug paraphernalia, alcohol, tobacco and vaping products, and prescription or medical devices.
  • Hazardous materials — fuel, chemicals, pesticides, compressed gas and anything that is flammable, toxic or corrosive (items may be rented empty of fuel).
  • Passenger cars, motorcycles, boats and other vehicles that must be registered to drive or operate, unless Loan'R expressly allows the category [scope to be confirmed].
  • Items that are recalled, unsafe, damaged in a way that affects safety, or missing required safety guards.
  • Stolen, counterfeit or illegally obtained items, and items you do not have the right to rent.
  • Animals, people or services, real estate or lodging, gift cards, currency or financial instruments, and personal information.
  • Adult content and anything else that is illegal where it would be used.

You may not:

  • Arrange payment outside the Service for a rental found on Loan'R, or otherwise avoid fees.
  • Harass, threaten, discriminate against or endanger another user.
  • Misrepresent yourself, an item, its condition or its value; post fake reviews; or file false claims.
  • Interfere with the Service, bypass security, scrape data, or create accounts by automated means.
  • Use another person's account or payment method.

14. Loan'R is not an insurer

Loan'R does not provide insurance, a damage waiver or a guarantee of any kind for owners, renters or third parties. Security deposits and the claims process are not insurance. Owners should check whether their homeowner's, renter's or business insurance covers items rented to others (many policies exclude it). Renters are responsible for injury, damage or loss they cause while using a rented item.

15. Safety and assumption of risk

Many items on Loan'R — power tools, heavy equipment, trailers, ladders and outdoor gear — can cause serious injury or property damage if misused or defective. Loan'R does not inspect items or vet users beyond the checks described in these Terms. You use items at your own risk, and you are responsible for deciding whether you can use an item safely. In an emergency, call 911.

16. Suspension and termination

We may pause listings, cancel bookings (with a refund to the renter where appropriate), limit features, or suspend or close accounts if we reasonably believe someone has broken these Terms or the law, created risk for other users, or harmed Loan'R. You may stop using the Service and delete your account at any time. Sections that by their nature should survive (including fees owed, claims, disclaimers, limits of liability, indemnity and disputes) survive termination.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, LOAN'R DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ABOUT ITEMS LISTED OR THE CONDUCT OF USERS. AI-suggested replacement values are estimates only.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LOAN'R AND ITS OWNERS, OFFICERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS OR LOST DATA ARISING FROM ITEMS RENTED OR INTERACTIONS BETWEEN USERS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO LOAN'R IN THE 12 MONTHS BEFORE THE CLAIM AND (B) $100. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

19. Indemnity

You agree to defend, indemnify and hold harmless Loan'R from claims, losses and expenses (including reasonable attorneys' fees) arising from your listings or items, your use of an item, your breach of these Terms, or your violation of law or of anyone else's rights.

20. Disputes and governing law

Between owners and renters

Try to resolve problems with the other person in the app first. For damage, loss, refunds and late fees, use the claim and refund processes in sections 10 and 11. Loan'R may help but is not obliged to resolve disputes between users.

With Loan'R

  • Informal resolution first. Before starting any legal proceeding, email [support email] with a description of the dispute and the relief you want. We will try in good faith to resolve it within 60 days.
  • Governing law. These Terms and any dispute with Loan'R are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
  • Venue. Subject to the next point, disputes will be brought only in the state or federal courts located in [county], Texas, and you and Loan'R consent to their jurisdiction.
  • Small claims. Either party may bring an individual claim in small-claims court (justice court) if it qualifies.
  • Individual claims. To the extent permitted by law, disputes will be brought only on an individual basis and not as a plaintiff or class member in any class or representative action. [Counsel to decide whether to add binding individual arbitration.]

21. Changes to these Terms

We may update these Terms. We will post the new version with a new effective date and, for material changes, notify you by email or in the app at least 14 days before they take effect. Continuing to use the Service after that means you accept the updated Terms. Changes do not affect bookings already paid.

22. General

These Terms, together with the Privacy Policy and any policies referenced in the Service, are the entire agreement between you and Loan'R about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms; we may assign ours in connection with a merger, acquisition or sale of assets. Notices to you may be sent to your account email or in the app.

If you downloaded the app from the Apple App Store, you acknowledge that these Terms are between you and Loan'R only, not Apple; Apple is not responsible for the app or its content, has no obligation to provide support, and is a third-party beneficiary of these Terms entitled to enforce them against you.

23. Contact

[Loan'R legal entity — pending from Samuel], [mailing address — pending]. Email: [support email].